Section 203D.5. Fees — imposition, adjustment, or waiver.

  1.  The board shall annually review the debits of and credits to the grain depositors and sellers indemnity fund created in section 203D.3 and shall determine whether to impose the participation fee and per-bushel fee as provided in section 203D.3A, make adjustments to the fees effective on the previous July 1, or waive the fees as necessary to comply with this section. The board shall make the determination not later than May 1 of each year. The board shall impose the fees or adjust the fees effective on the previous July 1 in accordance with chapter 17A. The imposition or adjustment of the fees shall become effective as follows:

  a.  For the participation fee, on the following July 1. However, the licensee shall continue to pay the participation fee at the rate in effect on the prior July 1, until the licensee has paid the amount owing.

  b.  For a per-bushel fee, on the following July 1.

  2.  a.  Except as provided in paragraph “b”, the rate of a participation fee owed by a licensee shall be calculated as follows:

  (1)  For a licensed grain dealer, not more than fourteen thousandths of a cent per bushel assessed on all purchased grain during the grain dealer’s last fiscal year at each location at which records are maintained for transactions of the grain dealer, as determined according to information submitted by the grain dealer to the department for the issuance or renewal of a license as provided in section 203.5.

  (2)  For a licensed warehouse operator, not more than fourteen thousandths of a cent per bushel of bulk grain storage capacity for each warehouse licensed pursuant to section 203C.8 or five hundred dollars, whichever is less. The participation fee shall be determined using information provided to the department by the warehouse operator applying for the issuance or renewal of a license as provided in sections 203C.7 and 203C.37.

  b.  A licensee shall pay a participation fee of at least fifty dollars.

  3.  The rate of the per-bushel fee shall not exceed one-quarter cent per bushel assessed on all purchased grain.

  4.  If on the last date of the fund’s fiscal year as provided in section 203D.3 the assets of the fund exceed eight million dollars, less any encumbered balances or pending or unsettled claims, all of the following apply:

  a.  The participation fee shall be waived and shall not be assessable or owing for the following fiscal year of the fund. However, the licensee shall continue to pay any owing participation fee that was in effect on the prior July 1.

  b.  The per-bushel fee shall be waived and shall not be assessable or owing.

  5.  The board shall reinstate the fees as provided in this section if the assets of the fund, less any unencumbered balances or pending or unsettled claims, are three million dollars or less.

86 Acts, ch 1152, §35

87 Acts, ch 147, §17

; 88 Acts, ch 1148, §4

; 89 Acts, ch 143, §907

2009 Acts, ch 17, §1, 6

; 2009 Acts, ch 133, §229

; 2010 Acts, ch 1082, §9

; 2015 Acts, ch 103, §14, 15

Subsection 2, paragraph a, subparagraph (1) amended

Subsection 4, unnumbered paragraph 1 amended